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CIVIL LAW (WRONGS) ACT 2002 - SECT 50

Application—ch 5

    (1)     This chapter applies to all claims for damages for personal injury, including claims to which the Motor Accident Injuries Act 2019

, chapter 5 (Motor accident injuries—common law damages) applies.

    (2)     However, this chapter does not apply to—

        (a)     a claim for compensation under the Workers Compensation Act 1951

; or

        (b)     a claim for which—

              (i)     notice has been given by or for the claimant under the Limitation Act 1985

, section 30A (2) (Special provision for injuries to children); and

              (ii)     notice has been given by a respondent under that Act, section 30A (6).

    (3)     Also, this chapter does not apply to a claim for damages for personal injury if a claim for compensation has been made under the Workers Compensation Act 1951

in relation to the injury.

    (4)     Despite subsection (3), part 5.2 (Claims procedures) applies to a claim for damages for personal injury, even though a claim for compensation may have been made under the Workers Compensation Act 1951

in relation to the injury, if—

    (a)     the Motor Accident Injuries Act 2019

, chapter 5 applies to the claim; or

        (b)     the claim is made against a person who is not an employer or insurer in relation to the injury under the Workers Compensation Act 1951

, chapter 6 (Claims) even though it is also made against such a person.



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